IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.62605 OF 2016 (GM-RES) & WRIT PETITION NOS.62606-62607 OF 2016 BETWEEN:
1. Mehtab Rice & Phova Mill, Veerapura, Bhadra Colony Post, Bhadravathi – 500 301. Dist. Shivamogga, Represented by its Proprietor, Sri. Mehtab Chand.
2. Deepak Associates, Veerapura, Bhadracolony Post, Bhadravathi – 500 301. Dist. Shivamogga, Represented by its Proprietrix, Smt.Chandradevi.
3. The Kanaka Modern Rice Industries, Nanjanagudu Road, T. Narasipura – 571 124, Mysuru District, Represented by its Partner, Sri.B.N.Suresh Kumar.
… Petitioners (By Sri.S.P.Kulkarni, Advocate-Absent) AND:
1. The Principal Secretary to Government of Karnataka, Food and Civil Supplies Department, Vikasa Soudha, Bengaluru – 560 001.
2. The Commissioner for Food & Civil Supplies, No.8, Cunningham Road, Bengaluru – 560 001.
3. The Karnataka Food & Civil Supplies Corporation, No.16/I, Millers Tank Bed Area, Bengaluru – 560 052.
Represented by its Managing Director.
4. The Deputy Commissioner (Food), Shivamogga Dist, Shivamogga – 500 300.
5. The Karnataka Food & Civil Supplies Corporation, Shivamogga Dist, Shivamogga – 500 300.
Represented by its District Manager.
6. The Deputy Commissioner (Food), Mysuru District, Mysuru – 570 001.
7. The Karnataka Food and Civil Supplies Corporation, Mysuru District, Mysuru – 570 001.
Represented by its District Manager.
… Respondents (By Sri.Y.D.Harsha, AGA for R1, R2, R4 and R6;
Sri.R.B.Sadshivappa, Advocate for R3, R5 and R7-Absent) These Writ Petitions are filed under Articles 226 and 227 of the Constitution of India, praying to issue a writ of mandamus to the respondents to consider the respective representations dated 30.6.2016, 21.10.2016 enclosing the details of expenditure stated therein forthwith for the payment of the bills and payments along with interest at the rate of 12% per annum on the said bill amount till the payment of the same (vide Annexure-E, F and G and etc.
These Petitions coming on for Preliminary Hearing in ‘B’ Group, this day, the Court made the following:-
ORDER None for the petitioners.
Sri.Y.D.Harsha, learned Additional Government Advocate for respondent Nos.1, 2, 4 and 6.
In these petitions, the petitioners have prayed for the following reliefs:
“i) Issue a writ of mandamus to the respondents to consider the respective representations dated 30.06.2016, 21.10.2016 enclosing the details of expenditure stated therein forthwith for the payment of the Bills and payments along with interest at the rate of 12% per annum on the said bill amount till the payment of the same (vide Annexure-E, F & G); and ii) Issue any other appropriate writ or order or direction to the respondents deemed fit including imposing of exemplary cost on respondents; in the circumstances of the case in the interest of justice and equity.”
2. When the matter was taken up today, learned Additional Government Advocate submitted that the controversy involved in the present writ petition is squarely covered by an order of this Court dated 18.11.2016 in W.P.Nos.56449- 56474/2016 (GM-EC) between Kiran Rice Industries and Others vs. The Principal Secretary to Government of Karnataka and Others.
3. In view of the aforesaid submission and with a view to maintain parity, writ petitions are disposed of with liberty to the petitioners to file their claim statement before the first respondent and the first respondent is directed to consider the claim of the petitioners within a period of six weeks from the date of filing of such claim in accordance with law after affording an opportunity of hearing to all necessary parties.
Sd/- JUDGE dn/-